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Amendments to the Care Standards Bill [H.L.]

Care Standards Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Marshalled List of Amendments to the Care Standards Bill [H.L.] to be moved in Committee in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE LORD HUNT OF KINGS HEATH
 
1     Page 1, line 9, leave out ("subsections (3) and (4))") and insert ("the following provisions of this section)") 
2     Page 2, line 7, leave out from ("centre") to end of line 8 
3     Page 2, line 9, at end insert--
 
    ("(5)  Subject to subsection (6), an establishment is not a children's home if it is a school.
 
    (6)  An independent school is a children's home at any time if at that time accommodation is provided for children at the school and either--
    (a)  in each year that fell within the period of two years ending at that time, accommodation was provided for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days; or
    (b)  it is intended to provide accommodation for children, either at the school or under arrangements made by the proprietor of the school, for more than 295 days in any year;
and in this subsection "year" means a period of twelve months.")
 
  
Clause 2
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
4*     Page 2, line 12, at end insert ("and for the purposes of this Act an independent hospital shall include private patient units within a health service hospital") 
5*     Page 2, line 23, after ("hospital") insert ("or any undertaking by one or more persons)") 
6*     Page 2, line 24, at end insert ("or dental practitioners") 
  
BY THE LORD LAMING
 
     The Lord Laming gives notice of his intention to oppose the Question that Clause 2 stand part of the Bill. 
  
Clause 3
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
7     Page 2, line 42, after ("with") insert ("clinical,") 
  
BY THE LORD RIX
 
8*     Page 3, line 2, leave out ("suffering from illness") and insert ("ill") 
9*     Page 3, line 3, leave out ("suffering from disability or infirmity") and insert ("who are disabled or infirm") 
10*     Page 3, line 4, leave out ("suffering from dependence") and insert ("dependent") 
  
After Clause 3
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES
THE BARONESS NICHOLSON OF WINTERBOURNE
 
11     Insert the following new Clause-- 
     ("  .--(1)  For the purposes of this Act, an income-generating health service unit means an establishment which comprises in whole or in part a hospital or some other establishment or facility--
    (a)  from which a National Health Service Trust or Primary Care Trust carries out its functions and which is in use for the purposes of making additional income available under section 7(1) of the Health and Medicines Act 1988; or
    (b)  for which a Health Authority or Special Health Authority has responsibility and which is being made available for the provision of accommodation and services under section 65 of the National Health Service Act 1977.
    (2)  Nothing in sections 1 to 3 of this Act shall prevent an income-generating health service unit from being--
    (a)  a children's home; or
    (b)  an independent hospital; or
    (c)  a care home; or
    (d)  a residential family centre.")
Income-generating health service units.
  
Clause 4
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
12*     Page 3, line 11, at end insert--
 
    ("(  )  Home-based health care agency" means an undertaking which consists of or includes arranging the provision of health care that requires the supervision of a registered nurse or doctor in their own homes.")
 
13*     Page 3, line 11, at end insert--
 
    ("(  )  Residential respite care establishment" means any establishment at which accommodation is provided together with nursing or personal care on a short term basis for any of the following persons--
    (a)  persons who are or have been suffering from illness;
    (b)  persons suffering from disability or infirmity;
    (c)  persons who are or have been suffering from dependence on alcohol or drugs.
    (  )  An establishment is not "establishment residential respite care" if it is--
    (a)  a hospital;
    (b)  an independent clinic; or
    (c)  a children's home,
or if it is excepted by regulations.")
 
14*     Page 3, line 11, at end insert--
 
    ("(  )  Close care sheltered housing establishment" means, subject to subsection (5), any establishment at which accommodation, together with nursing or personal care, is provided to any of the persons mentioned in section 3(2) on a non-board basis.")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
15*     Page 3, line 22, after second ("of") insert ("nursing, clinical or") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
16     Page 3, line 24, at end insert--
 
    ("(  )  Daycare centre" means, subject to subsection (5), any establishment at which nursing or personal care is provided to any of the persons mentioned in section 3(2) on a non-residential basis.")
 
  
BY THE LORD RIX
 
17*     Page 3, line 42, at end insert--
 
    ("(  )  Day services" means any centres or other facilities for daytime training or occupation, including arrangements for supporting people using facilities generally available to members of the public, funded or provided, directly or indirectly, by a public authority for the use of persons over pension age or with persons with a physical or mental disability.")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES
THE BARONESS NICHOLSON OF WINTERBOURNE
 
18     Page 4, line 2, after ("home") insert (",  an income-generating health service unit") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
19     Page 4, line 2, after ("home") insert (", a daycare centre") 
20*     Page 4, line 2, after ("home") insert (", residential respite care establishment") 
21*     Page 4, line 2, after ("home") insert (", closed care sheltered housing establishment") 
22*     Page 4, line 7, after the second ("agency") insert (", a home-based health care agency") 
  
Clause 6
 
  
BY THE BARONESS DAVID
 
23*     Page 4, line 20, at end insert--
 
    ("(  ) It shall be the principal aim of the Commission to secure and promote the well-being of those cared for under the provisions of Part II of this Act.")
 
  
BY THE BARONESS DAVID
THE LORD CLEMENT-JONES
 
24*     Page 4, line 24, at end insert--
 
    ("(  ) In the exercise of its functions the Commission shall give due consideration to the views of children affected by the provisions of this Act.")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
25     Page 4, line 25, at end insert--
 
    ("(4)  Regulations under this section shall correspond to section 23(3) of the Health Act 1999 with respect to the disclosure of confidential information which relates to and identifies a living individual.")
 
  
BY THE LORD LAMING
 
     The Lord Laming gives notice of his intention to oppose the Question that Clause 6 stand part of the Bill. 
  
After Clause 6
 
  
BY THE BARONESS DAVID
THE LORD CLEMENT-JONES
 
26*     Insert the following new Clause-- 
     ("  .  There shall be a related body, to be known as the Children's Commission which shall operate within the National Care Standards Commission.")Children's Commission.
  
BY THE LORD LAMING
 
27*     Insert the following new Clause-- 
     ("  .  There shall be established eight regional bodies to regulate and inspect social care provision in England.")Regional care standards bodies.
  
Clause 7
 
  
BY THE LORD RIX
 
28*     Page 4, line 30, at end insert (";  and
    (  )  the provision of services for particular categories of service user")
 
  
BY THE BARONESS DAVID
THE LORD CLEMENT-JONES
 
29*     Page 4, line 32, at end insert--
 
    ("(  )  The Commission shall receive and consider information on all representations including complaints made in respect of the provision and quality of Part II services in England.")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
30*     Page 5, line 6, leave out from ("II") to end of line 8 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE EARL HOWE
 
31     Page 5, line 6, leave out from ("than") to end of line 8 and insert ("the "excepted services" as defined by subsection (8) below.
 
    (8)  The "excepted services" means the provision of--
    (a)  medical or psychiatric treatment, or
    (b)  listed services (as defined in section 2).
    (9)  The Commission shall have the general duty of securing improvements in the quality of excepted services in independent hospitals (as defined in section 2) and shall carry out this duty through the contracting of inspections with the Commission for Health Improvement ("CHI") established by the Health Act 1999.
 
    (10)  For the purposes of subsection (9) above the Commission shall ensure that the relevant independent hospital pays the full economic costs of any inspection.
 
    (11)  The standards applied by CHI on any such inspection shall be those which it applies in any comparable inspection of a health service hospital.")
 
  
After Clause 7
 
  
BY THE LORD HUNT OF KINGS HEATH
 
32     Insert the following new Clause-- 
     ("  .--(1) The Assembly may charge a reasonable fee determined by it in connection with the exercise of any power conferred on it by or under this Act.
 
    (2)  The Assembly may provide training for the purpose of assisting persons to attain standards set out in any statements published by it under section 21.")
General functions of the Assembly.
  
BY THE LORD CLEMENT-JONES
THE EARL HOWE
THE BARONESS BARKER
 
33     Insert the following new Clause-- 
     ("  .--(1)  The Commission shall institute procedures by which dissatisfaction by any party, either with the dealing of complaints or with their outcome by the independent hospitals, may be expressed.
 
    (2)  In the event that the Commission is satisfied that a complaint is upheld it shall be entitled to take account of such complaint in exercising any of its duties under this Act.
 
    (3)  In the event that the Commission is satisfied that a complaint has not been properly dealt with by an agency or establishment it shall refer the matter to the Health Service Commissioner for England or the Health Service Commissioner for Wales, as appropriate.")
Complaints in respect of independent hospitals.
  
Clause 8
 
  
BY THE LORD HUNT OF KINGS HEATH
 
34     Page 5, line 10, at end insert--
 
    ("(1A)  The appropriate Minister may cause an inquiry to be held into any matter connected with a service provided in or by an establishment or agency.")
 
35     Page 5, line 11, after ("State") insert (",  or, as the case may be, the appropriate Minister,") 
  
BY THE LORD LAMING
 
36*     Page 5, line 14, at end insert--
 
    ("(  )  The Secretary of State shall publish all reports made by the Commission as a result of an enquiry.")
 
  
BY THE LORD HUNT OF KINGS HEATH
 
37     Page 5, line 18, at end insert (";  and references in those provisions as so applied to a Minister shall be taken to include references to the Assembly") 
  
Clause 9
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
38*     Page 5, line 23, leave out ("of any description") 
  
BY THE BARONESS DAVID
THE LORD CLEMENT-JONES
 
39*     Page 5, line 30, at end insert--
 
    ("(  )  Any person who privately fosters a child under the age of 16 for a consecutive period of 28 days or more without being registered under this Part shall be guilty of an offence.")
 
  
Clause 10
 
  
BY THE LORD RIX
 
40*     Page 6, line 14, at end insert--
 
    ("(  )  Notification of applications for registration shall be published in such form as shall be prescribed by regulations.")
 
  
BY THE BARONESS DAVID
THE LORD CLEMENT-JONES
 
41*     Page 6, line 14, at end insert--
 
    ("(  )  A person who privately fosters a child from more than one local authority shall make one application to the Commission.")
 
 
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